Easy Questions  
Free Legal Documents

Do I Need a Lawyer to File for Bankruptcy in Attica, KS

Do I Need a Lawyer to File for Bankruptcy in Attica, KS


The greatest glory in living lies not in never falling, but in rising every time we fall.
 
- Nelson Mandela


Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. However, it is very important that a bankruptcy case be filed and handled correctly. You can check out a free preview a bankruptcy filing at 1-2-Law.com.

In many cases, it's a good idea to have a bankruptcy attorney. However, many petitioners file for bankruptcy without a lawyer. Some represent themselves in bankruptcy because they cannot afford the lawyer's fees. Others have simple cases, and don't feel the need to hire a lawyer. Even the simplest Chapter 7 bankruptcy requires extensive paperwork, gathering of financial documentation, research of bankruptcy and exemption laws, and follow up with local rules and procedures.

Bankruptcy rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure to file a required document, such as a credit counseling certificate, may lose the right to file another case or lose protections in a later case, including the benefit of the automatic stay. Bankruptcy has long-term financial and legal implications, so it is very important to do it right. An individual filing for bankruptcy must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged.

The simpler the bankruptcy, the better your chances are to successfully complete it and receive a discharge on your own. So it's usually more feasible to file without an attorney if you are filing a simple Chapter 7 bankruptcy.

If your household income is low and you own little or no assets, and you don't have any priority debts or creditors alleging fraud against you, then your case may be simple enough for you to handle without an attorney.

Bankruptcies filed under Chapter 13 can be more complex than Chapter 7. If you are underwater on your mortgage payments, and if your second mortgage is worth less than your first mortgage, you may be able to use Chapter 13 bankruptcy to "strip" the second mortgage (discharge it in bankruptcy). If you owe more than your car is worth, through a process known as "loan cram down," you may be able to negotiate a Chapter 13 payment plan based on what the car is actually worth, as opposed to the value of the car loan.

You may choose to file a Chapter 13 to take advantage of these benefits or simply because you make too much money to qualify for a Chapter 7. No matter what your reason is, it generally means that your case may be too difficult to file on your own.

In Chapter 13 bankruptcies, in addition to filing the official bankruptcy forms, you must also design a proposed repayment plan, which can be very difficult to do. Stripping your second mortgage or cramming down a car loan will usually require filing additional motions and paperwork with the court.

So, if you are planning to file a Chapter 13 or a complex Chapter 7, it is a good idea to hire a qualified attorney. Your Chapter 7 will usually be more complex if you own a business, have high income, own significant assets, or have creditors who may claim fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy.

Bankruptcy fraud is a crime and the presiding judge may also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as transferring assets to friends and family, destroying or hiding property, falsifying records, or lying. Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.

Individual debtors are generally required to obtain credit counseling from an approved provider within 180 days before filing a case, and to file a statement of compliance and a certificate of credit counseling furnished by the provider. Failure to do so may result in dismissal of the case.

Homeowners who are having trouble or have fallen behind in making their mortgage payments may have options that would allow them to avoid foreclosure and bankruptcy, starting with renegotiating with the mortgage lender. However, please beware of marketing offers made once your house is in foreclosure - there are a number of fraudulent schemes specifically directed at individuals facing foreclosure.

Only you can decide if hiring a lawyer is right for you. Check out 1-2-Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free KS Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Attica, KS
Colgan Law Firm
11006 Parallel Pkwy Ste 202
Kansas City, KS 66109
(913) 721-9999
Divorce Attorneys, Attorneys
Consumer Law Center PA
3706 SW Topeka Blvd
Topeka, KS 66609
(785) 266-9920
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  General Practice Attorneys
Tonkin Jeffrey B Atty
11904 Mohawk Ln
Leawood, KS 66209
(913) 491-9410
Attorneys
Gaughan Cundiff Herman & Connealy
6731 W 121st St Ste 210
Leawood, KS 66209
(913) 498-9146
Accident & Property Damage Attorneys,  Attorneys,  Real Estate Attorneys,  Personal Injury Law Attor
Colgan Law Firm LLC
11006 Parallel Pkwy Ste 202
Kansas City, KS 66109
(913) 730-9082
Attorneys,  Personal Injury Law Attorneys,  Criminal Law Attorneys,  DUI & DWI Attorneys,  Family La
Robert R Laing Jr
2100 Hutton Rd
Kansas City, KS 66109
913-284-0186
Attorneys,  Criminal Law Attorneys,  Divorce Attorneys,  General Practice Attorneys,  Insurance,  Le
Michael J Studtmann P.A.
6235 W Kellogg Dr
Wichita, KS 67209
(316) 942-8400
Personal Injury Law Attorneys, Attorneys, Criminal Law Attorneys
Robert R Laing Jr
2100 Hutton Rdste 102
Kansas City, KS 66109
(913) 815-8347
Attorneys, Criminal Law Attorneys, Family Law Attorneys, Divorce Attorneys, General Practice Attorne
Minihan Shawn E
3706 SW Topeka Blvd # 300
Topeka, KS 66609
(785) 267-6444
Attorneys, General Practice Attorneys
Kathleen A Harvey
7011 W 121st St Ste 102
Leawood, KS 66209
(913) 491-6331
Attorneys
Harvey Law Firm
7011 W 121st. Ste. 102 , Overland Park
Leawood, KS 66209
(913) 491-6331
Immigration Law Attorneys
Wendy Marvin Law Office
6731 W 121st St
Leawood, KS 66209
(913) 312-5660
Attorneys, General Practice Attorneys, Legal Service Plans
Uzo L. Ohaebosim
6235 W. Kellogg
Wichita, KS 67209
(316) 261-5400
Consumer Law Attorneys,  Accident & Property Damage Attorneys,  Civil Litigation & Trial Law Attorne
Williamson Law Firm, LLC
6235 W. Kellogg
Wichita, KS 67209
(316) 261-5400
Accident & Property Damage Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal Injury Law
John F Michaels Chartered
4252 W 124th Ter
Leawood, KS 66209
(913) 663-4455
Attorneys, Legal Service Plans
Carroll Michele I
4252 W 124th Ter
Leawood, KS 66209
(913) 663-4455
Attorneys
Harvey & Caldwell, PA
7011 W 121st St Ste. 201
Leawood, KS 66209
(913) 451-4400
Accountants-Certified Public,  Tax Return Preparation,  Accounting Services,  Tax Return Preparation
Smith Ronald D
3706 SW Topeka Blvd
Topeka, KS 66609
(785) 266-4220
Attorneys
Kreamer Karen
12616 Juniper Cir
Leawood, KS 66209
(913) 469-4066
Attorneys
Snyder Law Firm
13401 Mission Rd Ste 207
Leawood, KS 66209
(913) 685-3900
Attorneys, General Practice Attorneys, Legal Service Plans
Shalton Solutions
12008 Overbrook Rd
Leawood, KS 66209
(913) 663-3318
Attorneys
Elkins Marc E
13020 El Monte St
Leawood, KS 66209
(913) 897-2857
Attorneys
Fowler Law Firm
6740 W 121st St # 300
Leawood, KS 66209
(913) 498-2800
Attorneys, General Practice Attorneys, Legal Service Plans
Mccauley James
10673 166th Rd
Mayetta, KS 66509
(785) 966-2341
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US